Reservation
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A statement made by a state to which article it accepts and which it does not accept.
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A state may be a member state even if it doesn’t accept some article of the treaty.
- Some conventions have articles which are critical to the purpose of the convention => cannot accept reservations that conflicts with that
- Reservation available articles are stated by the treaty itself
- In interpreting past treaties, states will find exploitable meanings in their favor
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Why are there reservations?
- Some reason with “The preservation of cultural practices and values”
- Ex: ISlamic countries with Sharia law
- Some reason with “The preservation of cultural practices and values”
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Problem: if state doesn’t accept some part of the law, the law might not be as effective since it was made to work together